2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

A. On May 28, 2016, the Plaintiffs entered into an officetel supply contract (hereinafter “instant sales contract”) with D Co., Ltd. (hereinafter “D”) on the instant officetel (hereinafter “instant officetel”).

B. At the time of the conclusion of the instant sales contract, Plaintiff A agreed to purchase F, G, and Plaintiff B, respectively, among the instant officetels.

Accordingly, the plaintiff A paid 10 million won as the down payment on the date of the contract, and the plaintiff B paid 5 million won to D respectively.

C. Since then, the Defendant succeeded to the status of D’s seller, and the Plaintiffs concluded an officetel supply contract with the Defendant on the same terms as the instant sales contract around December 2018.

(However, the name of an officetel was changed to "Itel". (D)

On February 27, 2019, the Plaintiffs sent to the Defendant a certificate of content that the Plaintiff Company cancelled the instant sales contract and sought the refund of the already paid down payment on the ground that the sales contract of this case was impossible to continue due to cancer, and the above certificate of content reached the Defendant around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. 1) D’s assertion that did not have financial capacity, notwithstanding the fact that the sales contract of this case was concluded by deceiving the Plaintiffs, immediately closed the company, and succeeded to the status of the seller to the Defendant, thereby causing losses to the Plaintiffs. In addition, among the instant officetels, subparagraph F, which Plaintiff A purchased in the instant officetel, exists in a ward, and Plaintiff B’s right to sunshine is seriously infringed, and it is impossible to lease all because Plaintiff B’s right to sunshine was seriously infringed. Accordingly, D or the Defendant did not notify the Plaintiffs of this fact. Accordingly, the instant sales contract was revoked on the ground of fraud. 2) There exists a circumstance that the Plaintiff could not continue the sales contract of this case due to cancer.